Michael never thought that a routine night drive to home would be the beginning of a dramatic turnaround in his life. It was after work and he was on his way back to his family when suddenly the traffic slowed down on the highway outside the city of Savannah. The rest of this was a horrendous sequence of events that would unfold rapidly in just a few seconds; a large commercial truck was unable to stop in time and collided with several cars, including Michael’s pickup truck.
Initially, Michael thought that the insurance companies would deal fairly. He believed the trucking company would take responsibility for the incident as the accident report indicated that the truck driver was operating the truck at an excessive speed and was driving an over-loaded trailer. However, he soon discovered the situation was much more complex than he had anticipated within days.
The trucking company had its own investigators, insurance representatives and legal team on the scene following the accident. Meanwhile, Michael was in a hospital bed, with his back and shoulder injured and without the ability to pay medical expenses or to get to work. Later, a close friend of his urged him to consult with a Savannah Truck Accident Lawyer who knew the U.S. commercial vehicle accident landscape.
Ultimately, that choice led him to see what his legal rights were and the problems that many accident victims encounter when they are faced with the big companies of the trucking industry.
Why Truck Accident Cases Are Different
Trucking companies in the U.S. are required to comply with state traffic laws and federal safety laws set by the Federal Motor Carrier Safety Administration (FMCSA). They include the driver working hours regulations, truck maintenance, loading and unloading of goods, driver qualification, and safety inspections.
If a trucking company breaks these rules, accident victims might have a basis for a claim. But it is not always a simple task to prove fault. Trucking firms have very well-developed insurance policies and experienced legal representatives safeguarding their financial stakes.
That’s why many commercial vehicle accident victims consult with a professional attorney after being involved in serious crashes and accidents.
The Financial Pressure Begins Quickly
Following his accident, Michael soon found out how costly it can be to recover. His bill for health care went up each week. He required physical therapy, prescription medication and subsequent appointments with specialists. He reported to work only after missing almost two months due to his injuries.
Michael was like many Americans who relied upon his steady income to pay for his family’s needs. When wages were not coming in and health care costs were still increasing, it became a huge financial burden.
The costs associated with a truck crash can include:
- Emergency medical treatment
- Surgery and rehabilitation
- Wages lost due to absenteeism from work
- Cost of replacement or repairs of vehicles
- Mental health counseling
- Long-term disability expenses
In the beginning, insurance companies might make quick settlements, however these are frequently low for the sufferer to really recover from for the long term. Many settle without knowing future financial and medical expenses.
A lawyer will be able to look at the settlement offer and advise on settlement fairness, in light of state laws.
Why Large Trucking Companies Can Be Difficult To Fight Alone
Another one of the reasons that trucking accidents are complicated is that large businesses or transportation companies are typically the owners of the commercial trucks. These businesses usually have plenty of money and corporate legal staff.
Shortly after Michael was involved in the crash, there were a lot of phone calls from the trucking company. They requested him to sign statements and settle soon. At the time he wasn’t aware that some of his statements could be used against him during insurance negotiations.
In many cases of truck accidents, several parties may have liability, such as:
- The truck driver
- The trucking company
- Cargo loading companies
- Vehicle maintenance providers
- Manufacturers of defective parts of trucks
Many victims have difficulty obtaining this information without legal assistance.
Understanding Comparative Fault Laws
Yet another hurdle in accident cases in the U.S. is comparative fault. Some states give insurance companies a get-out clause that the victim contributed in some way to the accident. If this argument is successful, you might receive a lower amount of compensation.
For instance, if the court determines that a victim is 20% responsible for an accident, then the victim’s recovery from the party may also be reduced by 20%.
This is a tactic that insurance companies sometimes employ to reduce their payout. They might challenge your driving style, road conditions, or your reactions; they may try to find an excuse.
Wise legal counsel can know how to respond to these methods and safeguard the victim of the mishaps from improper claims.
Federal Trucking Regulations Matter
Federal regulations govern commercial trucking and are set with the goal of lowering accidents and make roads safer.
These rules include:
- Truck drivers are limited on the number of hours that they can be behind the wheel, without taking a break.
- Active inspection and maintenance of vehicles as part of the testing regulations.
- Drug and alcohol testing requirements
- Cargo loading procedures are appropriate.
- You should adhere to the commercial driver licensing standards.
- Failure to abide by these rules may become crucial evidence following an accident.
Later, investigators found Michael’s truck driver had driven longer than the federal driving hour limit before the crash. Fatigue of the driver was a key element in establishing his negligence.
These federal regulations are also unknown to most accident victims, making the assistance of a professional law firm invaluable in cases involving trucks.
Seeking Help Early Can Protect Important Evidence
One of Michael’s key takeaways from a truck accident is that timing is crucial. Vitamins can be lost rapidly if victims wait too long.
These records can include truck maintenance records, black box data, surveillance video, and driver logbooks, and they can all be critical evidence. In the event that these records are lost or destroyed, they often proceed with haste by the legal profession to keep them.Legal professionals will act swiftly to retain these records if they are lost or destroyed.
Reaction to the event can also be lost and early investigation is important.
Final Thoughts
Michael made it through physically, but later admitted that dealing with the legal system without assistance would have been too difficult. He consulted with professionals for help in knowing his rights, negotiating settlements and focusing on his life.
When serious truck accidents are the result of a large trucking company and complicated insurance claims, professional legal assistance may be critical for many Americans. Knowing the legal system upfront can be a key factor in safeguarding finances and seeking compensation for a life-impacting highway accident.
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